Difference between first and second degree murder.

In this article I will explained you about first second and third degree murder. I hope this information is useful for you.


Definition of Murder:

Murder means to kill a person unlawfully and without any justification and without any reason.

In minimum sentence we can say that the crime of unlawful killing without malice aforethought otherwise in circumstances not amounting to murder.

This is a simple definitions of murder.


Degree murders and their types:

There are the following types of murder.

  • First Degree Murder
  • Second Degree Murder
  • Third Degree Murder

In this article we explained the types of degree murders.

And how much jail time you get in first, second, third degree murders/manslaughter.


Homicide means to kill a person and human life end. But it not necessarily a crime.

Sometime accidental homicide is lawful in special circumstances such as War Time.

You can hire experienced homicide lawyer in this case.

While the others are unlawful such as murder and manslaughter.

Homicide is a term that we think criminal homicide murder and manslaughter.

But homicide encompasses lawful killing such as kill person in self defense.

Intentional killing refers the sectioned killing during war time.

There are following types of homicide.

  • Murder
  • Manslaughter

First-Degree Murder:

What is first-degree murder? The first-degree murder term called malice aforethought that you have intent to kill someone cause great bodily injury.

So I think we have a fairly natural ideas of what this is you kill someone you intended to kill someone that is first-degree murder.

Or if let’s say I want to shank someone with a knife to teach just to teach them a lesson.

But I don’t intend to kill them but I am going to make sure they feel it right and when I knife them.

I hit their body and action for loss and the human life end up dying days later that is still first-degree murder.

Because I’ve great bodily harm if it didn’t intend to kill but I had this element of malice aforethought complete sentence. I wanted to cause really intentional murder to someone.

Second-Degree Murder:

What is second-degree murder? The second-degree murder involves reckless abandonment.

We don’t intend to kill someone but we have such disregard for life.

That someone dies it is grossly reckless death.

Let’s say we are street racing and I kill someone in another car accidental killing,

I am getting even though I was not intending to kill someone I have recklessly abandoned the laws and limitation on our streets.

So we do second-degree murder when you don’t intend to kill someone but it’s so reckless it’s beyond anything that’s reasonable.

Then after these first and second degree murders we get into manslaughter.


We have two types of manslaughter Voluntary Manslaughter & Involuntary Manslaughter.

“What’s the different here” again there is a bit of intent there’s a bit of emotion in this with voluntary murder to manslaughter you intend to kill someone.

It’s in a situation where you are so emotionally overcome that it’s almost a instinct to kill them.

The classic example is that a man walks in on his wife committing adultery sexual assault and he have reasonable doubt in the heat of the moment.

He kills that person she’s committed adultery with these are moment of passion crimes.

You do not have a Coiling-off period your instinct.

Your gut reaction is kill this individual so it has to be a situation where  you are so overcome with emotion.

That you had no chance to think about your action’s it’s fairly rare circumstance.

It does happens but it’s fairly rare to have a voluntary manslaughter case.

Involuntary manslaughter” is where we have criminal negligence. You are doing something that is negligent.

And someone dies you are driving your car. 

You accidentally run a red light you kill someone another car that is criminal negligence that’s involuntary manslaughter.

Murder is all about intention it’s all about the state of mind of the reasonable person who committed the crime.

Third-Degree Murder:

What is third-degree murder? when we talk about first-degree murder and second-degree murder is Minnesota.

The key is intent you have to have intent to commit murder coming into that situation.

So you’re duty police officer when you’re coming into it and you are intending to kill someone.

Third-degree murder is when you don’t intend coming into the solution do not intend to kill someone.

There’s no intent but you act with a depraved heart or an utter disregard for human life.

So you’re so careless you are uninterested in the life of another that your actions cause and rise to the level of murder.

So that’s the main characteristics and what the reason that the police officer was likely charged with third-degree murder is that’s it going to be easier.

To prove that this officer acted with a depraved heart he had disregard for the life of human.

And it’s harder to prove that what the intent was so you end up in what he was thinking before he came into the situation.

Felony Murder Rule:

Felony murder rules mean that any homicide committed.

In the preparation in an inherently dangerous felony can make someone liable for murder.

The split I was talking about with common law and modern law is the types of felonies. 

That one has to commit in order to liable.

For the means re ax of kidnapping would be burglary and robbery those are top two and MBEs.

It could be them also when the defendant actually commits.

One of these felonies and someone dies in the preparation of it that is very critical anything with a common law jurisdiction.

We have a modern law exclusive jurisdiction in relation to the felony murder rule.

Robbery, kidnapping, rape if a defendant of murder commits any felonies or one or more those felonies.

Someone dies in the preparation of one of those felonies.

That are divided law that depend it could be liable for murder and life imprisonment  impulsive action.

Capital punishment and have a criminal charge and they should pay the penalty of life.


Place of safety:

The homicide actually must happen in the preparation of that felony.

If A commits a robbery with B and they have a crime of passion in their both of the bank rate is still with money from the bank.

They’re coming that robbery someone must die during that moment of the felony.

If the defendant and there reaching a place of safety and someone dies in a place of safety.

This is not an unintentional killing.

Which means that are completely the client the crime of murder can complete at the place of safety? 

In the preparation of robbery A and B is liable charge for murder and life imprisonment as long as the crime.

Note: If any question rise regarding these article you can ask. Thanks for studying this article I hope this article is very beneficial for you.

Leave a Comment